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HomeMy WebLinkAbout09/24/1992ON 41 %0t116A0\\0% CITY OF NEWPORT BEACH REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:50 P.M. DATE: n. ,n„� MINUTES 192 acYwui�ci c-r, •»� ROLL CALL INDEX Present * * * * Commissioner DiSano and Commissioner Glover were absent. Absent sss EX- OFFICIO OFFICER PRESENT: Robin Flory, Assistant City Attorney William R. Laycock, Current Planning Manager Patricia Temple, Advance Planning Manager Patrick Alford, Senior Planner Don Webb, City Engineer Dee Edwards, Secretary Minutes of September 10. 1992 Minutes of 9/10, Motion * Motion was made and voted on to approve the September 10, Ayes * * * 1992, Planning Commission Minutes. MOTION CARRIED. Absent sss Public Comments: Public Comment No one appeared before the Planning Commission to speak on non - agenda items. Posting of the Agenda: Posting of the William Laycock, Current Planning Manager, stated that the Agenda Planning Commission Agenda was posted on Friday, September 18, 1992, in front of City Hall. 192 • .0 4 � CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL INDEX Use Permit No. 1671 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which UP1671A Approved permitted the establishment of a restaurant with on -sale alcoholic beverages, tandem parking and valet parking on property located in the "Retail and Service Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment includes: a request to remove the requirement for a valet parking service when tandem parking spaces are used; a request to reduce the off - street parking requirement of one parking space for each 40 square feet of "net public area" to one parking space for each 50 square feet of "net public area;" and to allow the continued use of tandem parking for employees only. LOCATION: Parcel 1 of Parcel Map 60 -23 (Resubdivision . No. 425) located at 3300 West Coast Highway, on the northerly side of West Coast Highway, easterly of Newport Boulevard, in Mariner's Mile. ZONE: SP -5 APPLICANT: Brinker International, dba Chili's, Dallas, Texas OWNER: 3300 Property, Newport Beach William Laycock, Current Planning Manager, stated that when he inspected the property this date at 12:15 p.m. that 74 parking spaces were available; therefore, it is staffs opinion that parking would not be a problem and that one parking space for each 50 square feet of "net public area" would be adequate. He referred to Condition No. 9, Exhibit "A ", stating that the Planning Commission may add to or modify conditions of approval to the use permit if it is determined that the operation is detrimental to the community. -2- ANVOIW\0017\�- CITY OF NEWPORT BEACH MINUTES NOW September 24, 19V.Z . ROLL CALL INDEX In response to a question posed by Commissioner Debay, Mr. Laycock replied that the applicant would not be required to rope off 793 square feet of "net public area" if the Planning Commission approved one parking space for each 50 square feet of "net public area ". In response to questions posed by Chairman Edwards, Mr. Laycock explained that all of the other uses on the subject property would be closed by 6:00 p.m.; therefore, additional parking spaces would be available to the restaurant. The valet parking spaces are currently located on the site. The public hearing was opened in connection with this item. There being no one to appear on behalf of the applicant, the public hearing was closed at this time. on S * * * * * * Motion was made and voted on to approve Use Permit No. 1671 (Amended) subject to the findings and conditions in Exhibit "A". Absent * The motion was made on the basis that Condition No. 9, Exhibit "A", would allow the Planning Commission to call back the use permit if parking would become a problem. MOTION CARRIED. FINDINGS: 1. The restaurant facility is consistent with the General Plan and the Adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. That the waiver of development standards as they pertain to walls will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 3. That the parking ratio of one parking space for each 50 sq.ft. of "net public area" will adequately serve the on -site parking demand for the existing restaurant. -3- NO c \ CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL INDEX 4. That the use of tandem parking spaces for employee parking will increase the availability of on -site parking for patrons. 5. That the use of tandem parking spaces will not under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. 6. The approval of Use Permit No. 1671 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan except as noted below. 2. That the existing 18 tandem parking spaces shall be designated for use by employees of the restaurant only, and that restaurant employees shall park within the designated tandem area at all times. 3. That one parking space for each 50 sq.ft. of "net public area" for the restaurant facility shall be provided on the property. 4. That restaurant development standards pertaining to walls . shall be waived. 4 CORUMSSIONERS CITY OF NEWPORT BEACH MINUTES Now September 24, 1992 ROLL CALL INDEX 5. That Coastal Commission approval shall be obtained. 6. That all applicable conditions of approval for Use Permit No. 1671 (Amended) shall remain in affect. 7. That the hedges located on the westerly side of the westerly driveway be trimmed to a height of 24 inches in conformance with the City's Sight Distance Standards 110 - L. 8. That all trash areas shall be screened from view. 9. That the Planning Commission may add to or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 10. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3458 (Public Hearine) Item No.. Request to permit the installation of an outdoor flower display UP3456 rack in conjunction with a retail florist business, on property Approved located in the CNH District. LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract No. 4225, located at 1809 Westcliff Drive, on the southwesterly side of Westcliff Drive, between Irvine Avenue and Dover Drive, in the Westcliff area. -5- 1p ``dOP011 `c CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL MEX ZONE: CNH APPLICANT: 1649 Westcliff Center Associates, Newport Beach OWNER: Richard N. Dick, Newport Beach William Laycock, Current Planning Manager, referred to the revised elevation and plot plan that was delivered to the Planning Commission prior to the public hearing. Mr. Laycock explained that Condition No. 6, Exhibit "A", provides That the display rack be designed to provide sight distance for vehicles backing from the adjacent parking spaces and that the location of the display rack be approved by the City Traffic Engineer. A member of the City Traffic Division visited the proposed site and it was her opinion that the display rack would cause a sight distance problem. The revised plan indicates that the display rack would be set back a substantial distance from the parking lot. The revised plan further indicates that the height of the kiosk would be 8 feet 6 inches and not 7 feet 6 inches as stated in the staff report, and would consist of 25 square feet of area. In response to a question posed by Chairman Edwards, Mr. Laycock confirmed that the kiosk would be relocated between the two palm trees adjacent to the parking lot. The public hearing was opened in connection with this item, and Ms. Jennifer Mathews, appeared before the Planning Commission on behalf of the applicant, and she concurred with the findings and conditions in Exhibit "A ". There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 3458 Ayes * subject to the findings and conditions in Exhibit "A". Condition Absent * * No. 1, Exhibit "A" was modified to state revised plan. MOTION . CARRIED. -6- CITY OF NEWPORT BEACH MINUTES ,Row September 24, 1992 ROLL CALL INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site to accommodate the proposed facility. 4. That the proposed outdoor display area as limited by the following conditions of approval will not impede pedestrian circulation within the shopping center. . 5. That the approval of Use Permit No. 3458 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved revised plot plan, footprint plan and elevation, except as noted below. 2. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. 3. That the employees shall park their vehicles on -site at all times. 4. That the outdoor display area shall be limited to a maximum footprint of 25 square feet, except that during . times of high volume sales holidays (i.e. Valentine's Day, -7- COMMISSIONERS 6" CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL INDEX Mother's Day, etc.) an area for an employee or attendant will be allowed. 5. That this outdoor display shall only be allowed in conjunction with a florist shop which occupies a regular tenant space within the subject shopping center and shall be discontinued in the event that the florist shop is vacated. This precludes the subject outdoor display from being operated independently or in conjunction with any other use in the center (except a florist shop). 6. That the proposed display rack shall be designed to provide sight distance for vehicles backing from the adjacent parking spaces and that the location of the display rack be approved by the City Traffic Engineer. 7. That the Planning Commission may add. to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. s x s A. General Plan Amendment No 92- 2(A)(Public Hearing) Item No.3 Request to amend the Land Use Element of the Newport Beach GPA 92 -2A General Plan so as to redefine the permitted commercial (Res 1314 entitlement of Lower Castaways (Castaways Marina) from 40,000 square feet of recreational and marine commercial development . to a 71 slip marina with related parking and marina support facilities. -8- ON, 00 \60WOR \4 r MINUTES CITY OF NEWPORT BEACH September 24, 1992 . ROLL CALL INDEX AND B. Local Coastal Program Amendment No. 30 (Public Hearing) LCP Amend 30 Request to amend the Newport Beach Local Coastal Program (Res1315 Land Use Plan so as to redefine the permitted commercial entitlement of Lower Castaways (Castaways Marina) from 40,000 Approved square feet of recreational and marine commercial development to a 71 slip marina with related parking and marina support facilities. INITIATED BY: The City of Newport Beach Patricia Temple, Advance Planning Manager, reviewed the subject application. She explained that the purpose of the application is to reflect in the General Plan, the scope of the development approved by the City Council and to eliminate commercial entitlement which is not anticipated to be constructed by the property owner in the future. The long -range documents and traffic model would be consistent with anticipated development. In response to a question posed by Chairman Edwards regarding the 2,000 square foot marina support uses as stated in the staff report, Ms. Temple explained that the project consists of a 1,500 square foot structure that includes rest rooms, showers, lockers, etc. and the additional 500 square feet would allow a nominal increase to the support structure. Mr. Jerry King, appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings in Exhibit "A'. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion Motion was made and voted on to approve General Plan A es * * * * Amendment No. 92 -2(A) (Resolution No. 1314) and Local Coastal nt 6 Program Amendment No. 30 (Resolution No. 1315), and -9- CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL INDEX Environmental Document subject to the findings in Exhibit "A ". MOTION CARRIED. A. ENVIRONMENTAL DOCUMENT: Accept the environmental document, making the following finding: Finding: 1. That Final Environmental Impact Report No. 138 for the Castaways Marina, previously certified on February 10, 1992, was considered prior to approval of the project, was determined adequate to serve as a Program EIR for this project, and satisfies all requirements of CEQA. The Final EIR reflects the independent judgement of the Planning Commission. B. GENERAL PLAN AMENDMENT NO. 92 -2(A): Adopt Resolution No. 1314, recommending City Council approval of General Plan Amendment No. 92 -2(A). C. LOCAL COASTAL PROGRAM AMENDMENT NO. 30: Adopt Resolution No. 1315, recommending City Council approval of Local Coastal Program Amendment No. 30. A. Amendment No. 771 (Public Hearing) Item No.4 A 771 Res 1316) Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend portions of Districting Maps No. 2 -6, 9 -11, 13 -19, 21, 22, 22 -A, 23 -27, 30, 32, 37, 38, 411 42, 44, 48 -50, 60, 61, and 65 -67 thereby changing the zoning districts of specific parcels throughout the City, and create consistency between the Districting Maps, Chapter 20.33 of the Zoning Code and the General Plan Land Use Element amendments approved on October 24, 1988. . AND -10- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES September 24, 1992 ?OLL CALL INDEX B. Amendment No. 772 (Public Hearing) A 772 (Res 131' Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 to add references to the Retail Service A 774 (Res 131 Commercial (RSC), Administrative, Professional, & Financial Commercial (APF), and Recreational & Marine Commercial Approved (RMC) zoning districts. AND C. Amendment No. 774 (Public Hearing) Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend Chapter 20.33 (Commercial District Regulations) to permit free - standing ancillary commercial uses in the Administrative, Professional, and Financial Commercial (APF) District; to amend Chapters 20.68 and 20.79 to provide consistent use of the terms "accessory" and "ancillary;" and to amend Chapter 20.87 to add a definition for the term "use - ancillary." INITIATED BY: The City of Newport Beach Patricia Temple, Advance Planning Manager, summarized the subject application whereby she explained that the subject action applies to the Retail Service Commercial (RSC), Administrative, Professional, and Financial Commercial (APF), and Recreational and Marine Commercial (RMC) Zoning Districts affecting approximately 700 commercial properties so as to be consist with the General Plan. She indicated that all of the traditional Commercial Zoning Districts contained in Title 20 of the Zoning Ordinance would be eliminated in the future. A definition of "ancillary" will be added in the anticipated use of commercial development in properties to be zoned in the APF District. Ms. Temple stated that the Planning Commission may consider . deferral of two areas inasmuch as concern has been expressed by -11- 4 L MINUTES CITY OF NEWPORT BEACH September 24, 1992 ROLL CALL MEX the property owners. One area to be considered is four parcels of property on Irvine Avenue, southerly of Bristol Street. Since 1973 the General Plan has designated the properties on Irvine Avenue, with the exception of the service station site at the comer of Bristol Street and Irvine Avenue, as APF Commercial District; however, the Zoning Districting Maps have more property than the comer parcel currently zoned for C -1 District use. The foregoing four parcels are currently zoned C -1 District and are used for commercial development. The property owners have requested that the four parcels not be included in the APF District inasmuch as the long -term prospects for the property is more closely related to the RSC identification. Ms. Temple suggested that the Planning Commission defer the four parcels to a General Plan initiation in October, 1992. The second area to consider deferral to a General Plan Amendment is Westcliff Drive, a mix of retail and office development. The existing retail mall contained within the area would not be the type of development that would be commonly anticipated or approvable in the APF District. The area has been designated in the General Plan as APF District since 1972. Ms. Temple suggested that the property be re- evaluated inasmuch as the most recent development in the area is retail commercial and the office uses are cycling out as smaller retail stores appear on the property. The properties to be considered for rezoning would include the area from Irvine Avenue to Dover Drive. Commissioners Gifford, Pomeroy, and Merrill, discussed with Ms. Temple the suggestion to defer action on the Irvine Avenue parcels to October, 1992. Ms. Temple stated that she would provide a complete analysis of the area when the Commission considers the initiation of a General Plan Amendment for the aforementioned four parcels. If the Planning Commission would have a desire to expand beyond the C -1 District properties on Irvine Avenue, the Commission could initiate the rezoning of the properties concurrently to RSC District. -12- COMMISSIONERS Nwl\\001 \� CITY OF NEWPORT BEACH MINUTES septemner /g, iyyz ROLL CALL MEX In response to a question posed by Chairman Edwards, Ms. Temple stated that the concerns that were received by staff from property owners regarding the consideration to rezone their property included whether the uses are going to be made legal non - conforming; if the rezoning would affect their development right; the ability to sell the property; or the ability to redevelop the property. She further explained that property owners currently in the C -O District were especially concerned that their property could be rezoned to the APF District, and they were disturbed that there could be a loss of some development right. In response to a question posed by Chairman Edwards, Ms. Temple explained that the RSC District allows medical uses; however, a separate free - standing corporate office building would not be an allowable use. . The public hearing was opened in connection with this item, and Mr. Jerry Tucker, 508 North Newport Boulevard, appeared before the Planning Commission. In response to a question regarding the definition of "professional offices ", Ms.. Temple compared the existing C -1 District and the RSC District. She stated that social clubs would require a use permit, and an exclusive wholesale business within an entire building would not be allowed. In the C- 1 District, wholesale stores would be permitted with a use permit. In the RSC District, wholesale stores would be permitted if they are ancillary. It is feasible to have a separate free - standing wholesale store on a separate site in the RSC District. She indicated that residential uses would be permitted only in areas allowed in the General Plan, and mix use would be allowed as consistent with the General Plan. In response to a question posed by Commissioner Gifford, Ms. Temple explained that the Planning Commission would have the opportunity to determine whether the dominate retail service use of the area is being eliminated in favor of wholesale operations. Ms. Betty Fellinge, 309 Grand Canal, appeared before the . Planning. Commission with respect to the rezoning of Marine -13- AW IN 11 014 %, MI-NPIPPA \9V16\4\\\_%1_0016 11 \r CITY OF NEWPORT BEACH MINUTES `o September 24, 1992 ROLL CALL MEX Avenue on Balboa Island. In response to questions posed by Ms. Fellinge, Ms. Temple explained that the non - conforming provisions of the Zoning Code remain and the proposed action would not affect changes to the non - conforming rights as currently provided for in the Municipal Code. Mr. Les Schunk, owner of Newport Tire, 3000 East Coast Highway, appeared before the Planning Commission. In response to a question posed by Mr. Schunk, Ms. Temple explained that an office building with multi- tenant offices would be allowed without a use permit in the RSC District. Mr. David Magilavy, 1405 Clay Street, 3500 and 3510 Irvine Avenue, appeared before the Planning Commission. He addressed his letter of September 21, 1992, and his request to rezone the Irvine Avenue property as previously explained in Ms. Temple's . foregoing testimony. Mr. Vance Collins, 3216 Clay Street and a property owner on Old Newport Boulevard, appeared before the Planning Commission. He addressed the proposed Specific Area Plan and the affect the zoning change would have on the proposed Plan. Ms. Temple explained that the procedure to conduct a Specific Area Plan is on- going, and the need to change the zoning to be consistent with the General Plan is immediate. Any alterations to land use patterns coming out of the Specific Area Plan process would supersede the subject action. There being no others desiring to appear and be heard, the public hearing was closed at this time. Ms. Temple addressed Districting Map No. 14, Balboa Island, wherein she indicated that the property at the corner of Agate Avenue and Park Avenue recently was recently rezoned to the Two - Family Residential District. She requested that the Districting Map indicate the recent zone change. Ms. Temple further stated that the Districting Map designation on the easterly . side of Old Newport Boulevard should be the RSC -R District. -14- COPAMSSIONERS AMN 6 CITY OF NEWPORT BEACH MINUTES September 24, 1992 [LOLL CALL INDEX Motion Ayes * * * * Motion was made and voted on to approve Amendment No. 771 (Resolution No. 1316), Amendment No. 772 (Resolution No. Absent 1317), and Amendment No. 774 (Resolution No. 1318). The motion included a modification to Amendment No. 771 so as to defer action on the aforementioned Irvine Avenue and Westcliff Avenue properties as previously discussed during the public hearing; to correct Districting Map No. 14, at the corner of Agate Avenue and Park Avenue to Two - Family Residential; and to designate the easterly side of Newport Boulevard to RSC-R District. MOTION CARRIED. Amendment No. 776 (Public Hearing) Item No.5 . Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise Chapter 20.74 Adult A.776. (Res 1319 Entertainment Businesses. Cont_(5det_o 10/8/92 INITIATED BY: The City of Newport Beach Robin Flory, Assistant City Attorney, addressed the inclusion of the description of the "Adult Novelty Store" as indicated in the proposed Ordinance. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Notion * Motion was made to initiate Amendment No. 776 (Resolution No. 1319). In response to questions posed by Chairman Edwards, Ms. Flory explained that the adult novelty store would be restricted to specific Zoning Districts. The use would not be restricted in video stores that have small adult sections, or shops that have small novelty sections for adults. -15- CITY OF NEWPORT BEACH MINUTES September 24, 1992 . ROLL CALL INDEX Discussion ensued between Commissioner Gifford and Ms. Flory with respect to the percentage of square footage that is used within a retail store to sell adult merchandise and the amount of adult novelty merchandise that is for sale within a retail store. The Planning Commission and Ms. Flory discussed the Commission's concerns regarding the proposed definition of "Adult Novelty Store" as indicated in the staff report. Commissioner Merrill suggested that the definition consider an allowable percentage of square footage of adult novelty merchandise within the retail space. Motion The motion to approve Amendment No. 776 (Resolution No. Withdrawn 1319) was withdrawn, and a motion was made and voted on to * continue Amendment No. 776 to the Planning Commission Motion * * * * * meeting of October 8, 1992. MOTION CARRIED. DISCUSSION ITEM: Discuss Item Amendment No. 775 No. 1 Request to amend a portion of Districting Map No. 3 so as to 775 establish a 3 foot front yard setback on 3 lots from the existing 10 A foot wide Clubhouse Avenue easement adjacent to the bulkhead set foz on the Rivo Alto Channel where the Districting Map currently 10/22/9 designates a 3 foot front yard setback from the original front ph property lines, prior to the abandonment of a portion of the street right -of -way. William Laycock, Current Planning Manager, explained that the proposed Amendment is a request by the property owner of 400 - 1/2 Clubhouse Avenue to amend the Districting Map so as to be consistent with the property at 400 Clubhouse Avenue. A previous variance allowed the structure on property located at 400 . Clubhouse Avenue to encroach to within 13 feet of the bulkhead -16- CITY OF NEWPORT BEACH MINUTES September 24, 1992 ROLL CALL ME{ line, or 3 feet back of the 10 foot easement line adjacent to the bulkhead. Mr. Laycock referred to a letter from Quentin Smith, property owner, at 402 Clubhouse Avenue, dated September 2, 1992, indicating support of the proposed amendment to the Districting Map. Motion Motion was made and voted on to set Amendment No. 775 for Ayes * * * public hearing at the Planning Commission meeting of October 22, Absent 1992. MOTION CARRIED. ADDITIONAL BUSINESS: Add l l Business Motion was made and voted on to excuse Commissioner DiSano from the Planning Commission meeting of October 8, 1992. Disano excused sss Patty Temple, Advance Planning Manager, commended Patrick Alford, Alford, Scot Ferris, and Marc Myers, Planners, for their assistance prior to the public hearing regarding the foregoing Item No. 4. Ferris & Myers commanded s Y x ADJOURNMENT: 8:43 p.m.' Adjourn Y Y Y HARRY MERRILL, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION -17-